Man gets 8 to 24 months for beating child

Carbon resident is eligible for immediate work release.

A Nesquehoning man who was four months into weekly counseling sessions for anger management after he beat his girlfriend's 3-year-old "to show him who's boss" was sentenced Thursday to prison.

Joseph V. Digilio, 37, was sentenced to eight to 24 months in Carbon County Prison on child endangerment and simple assault charges resulting from a March 1 incident that left Devin Kehrli with black eyes, a large bruise around his neck and bruises on his lower back and bottom.

County Judge Roger N. Nanovic II also sentenced Digilio -- who is 5 feet 11 inches tall and weighs 205 pounds -- to a year of probation for possession of marijuana.

He will be immediately eligible for work release.

"It sucks," the child's grandfather, Joseph Kehrli Jr. of Lansford, said of the sentence.

Kehrli, who has custody of the child, showed a reporter pictures of the preschooler with his injuries. "He wakes up at night screaming, "No, no, it hurts,' " Kehrli said.

Digilio also is charged with assaulting the child's mother, Amber Kehrli, and threatening to kill her and her son. "Joe threatened to kill me if I didn't make him look good in court, and if he ever sees our son again he'll kill him," Kehrli said, according to police.

Digilio's parents and parish priest attended the sentencing to support him. Digilio was represented by attorney Frank Nocito of Wilkes-Barre.

According to an arrest affidavit filed with District Justice Casimir Kosciolek of Lansford by Nesquehoning Patrolman Timothy Wuttke, Joseph Kehrli took the boy to the borough police station March 1.

"Devin's eyes were black and blue and throat was bruised," Wuttke wrote.

The child was taken to St. Luke's Miners Memorial Hospital, Coaldale, and examined.

The boy told Wuttke, "Joe-Joe hit me because I was bad," the affidavit said.

The child told Wuttke that Digilio hit him several times in the head with his hands and foot and grabbed him by the throat, according to police.

Wuttke arrested Digilio, then interviewed Amber Kehrli, who said initially that Devin had fallen down the steps.

She then said that "Joe went upstairs a couple of days ago and beat Devin to show him who's boss." She also said Digilio gave Devin a "good smack and when Devin came downstairs, his face was swollen."

She told Wuttke she asked Digilio if the swelling was from crying or from Digilio hitting him. Digilio admitted hitting the child, Wuttke said.

Digilio pleaded guilty to child endangerment and simple assault.

Digilio's psychologist, Samuel Dogolpol of Lehighton, testified at the sentencing that Digilio's relationship with Kehrli was partly to blame for his actions. The soured romance created "destructive distractions" that interrupted his progress, Dogolpol said.

The psychologist said he began treating Digilio for anger management, impulse control and poor self-esteem on Dec. 12, 2002. During that time, Digilio had at least two other anger incidents. Dogolpol said Digilio had been making progress and should improve further now that the couple have split. The separation is in part because Amber Kehrli sought a protection-from-abuse order against Digilio.

In the PFA, filed Oct. 24 and effective until April 24, 2005, Kehrli said that on Oct. 23, Digilio threatened to kill her and her son. It claimed he had assaulted her on Oct. 21 and 22.

According to police, Kehrli had bruises on her arms and said that Digilio had kicked her in the back, slapped her in the face and punched her.